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United Kingdom Intellectual Property Office Decisions


You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> EASE E FINANCE (Trade Mark: Opposition) [2003] UKIntelP o22103 (5 August 2003)
URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o22103.html
Cite as: [2003] UKIntelP o22103

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EASE E FINANCE (Trade Mark: Opposition) [2003] UKIntelP o22103 (5 August 2003)

For the whole decision click here: o22103

Trade mark decision

BL Number
O/221/03
Decision date
5 August 2003
Hearing officer
Mr D Landau
Mark
EASE E FINANCE
Classes
09, 16, 36, 42
Applicant
Siemens Financial Services Limited
Opponent
Easygroup IP Licensing Limited
Opposition
1. Sections 5(2)(b), 5(3), 5(4)(a) & 3(6)2. Decision re costs

Result

Decision re costs: - Compensation costs awarded to the applicants.

Points Of Interest

Summary

As regards costs the applicants had submitted at the Hearing that they should receive an award of costs at the top end of the scale since the opponents had submitted material without highlighting the relevant parts; some was illegible due to poor copying and part of it was in a foreign language with no translation. Additionally, the opponents had raised a ground of opposition under Section 3(6) but had put in no evidence or argument to substantiate that ground. However, the applicants had had to respond and much of the evidence of one of their declarants, a Ms Wilson went to that issue.

The Hearing Officer accepted the thrust of the applicants’ submissions and indicated that he would compensate for the cost of Ms Wilson’s declaration and asked for a breakdown of costs. In the event a figure of £2,450 plus vat was provided by the opponents and the Hearing Officer directed that the applicants should receive the sum of £2,000 in addition to the normal award of £2,300, making a total of £4,300. The Hearing Officer considered that the award reflected the



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URL: http://www.bailii.org/uk/cases/UKIntelP/2003/o22103.html